Wednesday, October 20, 2010

Pentagon says recruiters can accept open gays for now, but with a caveat; Later 9th Circuit issues stay

Ed O’Keefe has an important story on p. A15 of the October 20 Washington Post, “Pentagon is instructing recruiters to accept gays”, link here This happens because U.S. District Judge Virginia A. Phillips has refused to stay an injunction stopping the Pentagon from enforcing “don’t ask don’t tell”.  However, recruits are told that the moratorium against DADT could be lifted at any time. Presumably, self-outing could be used against a recruit retroactively, but then that raises questions about “ex post facto”.



However, around 11 AM Oct. 20 Anderson Cooper at CNN sent out a tweet to the effect that the Obama administration will appeal this latest "ruling", our of regrettable "necessity", link here.

Update: Wednesday evening:

The Ninth Circuit has issued a temporary stay, so presumably the Pentagon cannot continue to allow open gays to enlist. Here is SLDN's statement and warning to servicemebers.

Somehow, I don't think the Pentagon will troll Blogger, Facebook, or Twitter for self-outings anyway.

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